§ 1221 Criteria and procedures: Motor vehicle emissions budget
(Project not from a plan and TIP).

(a) The project which is not from a conforming transportation
plan and a conforming TIP must be consistent with the motor
vehicle emissions budget(s) in the applicable implementation plan
(or implementation plan submission). This criterion applies
during the transitional period and the control strategy and
maintenance periods, except as provided in § 1237. It is
satisfied if emissions from the implementation of the project,
when considered with the emissions from the projects in the
conforming transportation plan and TIP and all other regionally
significant projects expected in the area, do not exceed the
motor vehicle emissions budget(s) in the applicable
implementation plan (or implementation plan submission).

(b) For areas with a conforming transportation plan that meets
the content requirements of § 1207(a):

(1) This criterion may be satisfied without additional
regional analysis if the project is included in the
conforming transportation plan, even if it is not
specifically included in the latest conforming TIP. This
requires a demonstration that:

(i) Allocating funds to the project will not delay the
implementation of projects in the transportation plan
or TIP which are necessary to achieve the highway and
transit system envisioned by the transportation plan in
each of its horizon years;

(ii) The project is not regionally significant or is part of
the specific highway or transit system envisioned in
the transportation plan's horizon years; and

(iii) The design concept and scope of the project is not
significantly different from that described in the
transportation plan.

(2) If the requirements in paragraph (b)(l) of this section
are not met, a regional emissions analysis must be performed
as follows:

(i) The analysis methodology shall meet the requirements of
§ 1231;

(ii) The analysis shall estimate emissions from the
transportation system, including the proposed project
and all other regionally significant projects expected
in the nonattainment or maintenance area in the
timeframe of the transportation plan. The analysis
must include emissions from all previously approved
projects which were not from a transportation plan and
TIP; and

(c) For areas with a transportation plan that does not meet the
content requirements of § 1207(a), a regional emissions analysis
must be performed for the project together with the conforming
TIP and all other regionally significant projects expected in the
nonattainment or maintenance area. This criterion may be
satisfied if:

(1) The analysis methodology meets the requirements of
§ 1231(c);

(2) The analysis estimates emissions from the
transportation system, including the proposed project, and
all other regionally significant projects expected in the
nonattainment or maintenance area in the timeframe of the
transportation plan; and